Dier v. Peters

815 N.W.2d 1 (2012)

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Issues

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Nature Of The Case

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Facts

O.D. was born to D on February 10, 2009. D knew that P was not the child's biological father, but nonetheless told P that he was. Based on D's representations, P provided financial support for the mother and the child. P filed an application in the district court to establish custody of the child. After D received the report of the child custody evaluator, she was afraid she would not get custody of the child and requested a paternity test. That test excluded P as the biological father. P requested a second paternity test, which again excluded him as the biological father. P filed a separate petition at law seeking reimbursement from D of monies 'expended to D, monies for the minor child, and monies expended in custody litigation.' D moved to dismiss the petition. D asserted that the State of Iowa does not recognize an action for 'paternity fraud.' The district court granted D's motion to dismiss. P appealed.

Holding & Decision

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Legal Analysis

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